The Mystery of a Missing Gaitonde: CHRISTIE'S IN TROUBLE - TAKEN POSSESSION OF FOR AN NY AUCTION, NO SIGN OF AN OIL-ON-CANVAS FOR FOUR YEARS NOW
Collector and JJ School of Arts graduate files a police complaint; alleges an attempt to usurp the painting worth crores.
10 December 2015: An artist and a JJ School of Arts graduate has filed a police complaint against Christie's for not returning a Gaintonde oil-on-canvas the auction house took possession of in 2011 with a promise to put it up for sale in New York.
The artist, Delhi-based Durga Kainthola, has said in her complaint that she has been demanding the painting back for four years now but all she has got so far from Christie's is evasive answers. At least three legal notices she sent to the auction house too have not elicited any response.
Kainthola, a post-graduate from M S University, Vadodra, last week approached the Economic Offences Wing of the Delhi police and lodged a complaint against Christie's India Private Limited, which has its head office in Mumbai.
The complaint, a copy of which is available with Mumbai Mirror, says that Kainthola and her husband handed over the painting to Christie's in 2011 for sale at an auction in New York. This had followed an approach made by the auction house in 2010 to let it lead the 60 inches-by-40 inches painting's auction abroad. A 'consignment agreement' was signed by the two parties on February 7, 2011.
Kainthola's complaint at EOW filed through her lawyer K C Jha says that she first became suspicious after the auction house did not display the painting in the preview exhibition of the South Asian Modern + Contemporary Art held on March 23, 2011 at New York.
When Kainthola wrote to Christie's demanding to know why the painting was not put out in the preview show despite it having left India on March 4 giving the auction house ample time to display it, there was no response from their end.
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Kainthola's complaint says the painting did not even get a bid at its reserve price at the auction mainly because it was not there at the preview show when potential buyers size up the artworks on display and decide what they will bid for and how far they will go to bag it.
On the Pundole Art Gallery website, an untitled work of Gaitonde of similar dimensions as that of the painting Kainthola gave to Christie's is estimated to be worth anywhere between Rs 9 crore to Rs 15 crore.
Following the New York fiasco, Kainthola and her husband asked for the painting to be returned to them. At this point, Christie's requested a little more time and promised to conduct a private sale for it. "The vice-president called several times from New York and pleaded that the painting be allowed to be taken to London for a successful sale at the South Asian Modern & Contemporary Art, Lot 70, scheduled for June 9 the same year. And they took the painting to London without my or my husband's consent," Kainthola says in her complaint.
The response at the London auction too was less than encouraging. Disillusioned, the Kaintholas wrote to the auction house that the painting be sent back to their residence in Delhi as soon as possible. It's been more than two years since and Christie's has not only not returned the artwork, but have also failed to give the Kaintholas any convincing reply on its whereabouts. "Their malafide intention is clear that Christie's wants to grab this precious painting," the complaint says.
In August 2015, Kainthola started a legal process against the auction house. Three legal notices since have not been responded to and the only response given to her once has been that the matter has been referred to Christie's legal department.
When Mumbai Mirror contacted Christie's, its India head Sonal Singh in an email reply said: "We understand that this complaint concerns a work of art by Vasudeo S Gaitonde, owned by the complainant and which they consigned for sale at Christie's New York in 2011. Christie's takes all complaints very seriously and will investigate thoroughly before responding any further to external requests."
Christie's are scheduled to have their second auction in India in Mumbai on December 11 where the sale will be led by masterpieces from leading figures of Indian art including Tyeb Mehta, Jehangir Sabavala and Bhupen Khakhar.
Speaking for Kainthola, her lawyer said: "It is rather unfortunate that my clients have had such a sad experience with an international auction house of such repute. We have started the legal process to get the painting back from them. The matter is now sub-judice, hence we will not be able to divulge any more details."
